Bangkok Post, Thailand, To The Point Column.

Byline: Baker & McKenzie

Jul. 7--We are all well accustomed to advertising. It has been around for ages and exists almost everywhere -- along roadsides, on buses, the skytrain, even tuk tuks. On TV, a barrage of ads comes between your favourite shows. Most are mediocre, but some are clever, and many of us do not even bother switching the channel when they appear; awards are even given for their creativity. But do they exaggerate the quality or effectiveness of the product?

Advertising is generally defined as mass communications designed to sell products and services, or to promote political messages. The earliest form of advertising was in the form of an outdoor display, usually signs painted on the walls of buildings. Archaeologists have found that some of the first evidence of advertising dates back to 3000 BC, among the Babylonians. Early forms of advertising have also been found in the ruins of ancient Rome and Pompeii -- an outdoor advertisement in Rome offered property for lease, and one in Pompeii advertised a tavern located in another town.

It is hard to imagine the effect of advertising on a society 5,000 years ago, but today, with the increasing available forms and the intensity of advertising media, advertising has a significant effect on a society's economy, culture and politics. It is widely accepted among economists that advertising has a positive impact on the economy because it stimulates demand for and the development of goods and services, competition, and lower prices. More critical opinions are commonly expressed with respect to advertising's overall impact on culture and politics.

Modern advertising is increasingly international. As company's attempt to tap new markets for their goods and services, they are advertising their goods and services in many regions of the world. So whether you are sending your domestic advertisements across borders, bouncing it off satellites into other countries, or creating new ads that are specifically designed to appeal to the tastes, attitude and desires of a foreign market, it is very important to be familiar with the local market's legal framework for advertising.

Thailand's advertising laws are contained in various pieces of legislation. Among the most significant are the Consumer Protection Act, the Cosmetics Act, the Food Act and the Drugs Act.

The Consumer Protection Act applies to all types of advertisements and labelling, to the extent the act does not conflict with other laws related to specific goods and services. It was one of the first pieces of legislation aimed at protecting consumers against unfair business practices and to establish basic consumer rights, such as the right to safety and the right to be informed.